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§ 1183.17. Amendments to Parameters and Guidelines.

2 CA ADC § 1183.17Barclays Official California Code of RegulationsEffective: October 1, 2022

Barclays California Code of Regulations
Title 2. Administration
Division 2. Financial Operations (Refs & Annos)
Chapter 2.5. Commission on State Mandates
Article 3. Test Claims
Effective: October 1, 2022
2 CCR § 1183.17
§ 1183.17. Amendments to Parameters and Guidelines.
Currentness
(a) All requests pursuant to Government Code section 17557 to amend parameters and guidelines shall include the proposed language for the specific sections of the existing parameters and guidelines that are to be changed, and include a narrative explaining why the amendment is required.
A request to amend parameters and guidelines may be filed to make any of the following changes to the parameters and guidelines:
(1) Delete any reimbursable activity that is repealed by statute or executive order after the adoption of the original or last amended parameters and guidelines.
(2) Update offsetting revenue and offsetting savings that apply to the mandated program and do not require a new legal finding that there are “no costs mandated by the state” under Government Code section 17556(e).
(3) Include a reasonable reimbursement methodology for all or some of the reimbursable activities in accordance with Government Code section 17518.5. Any request to include a reasonable reimbursement methodology based on, in whole or in part, costs that have been included in claims submitted to the Controller, shall include a statement to this effect on the cover or first page of the request.
(4) Clarify reimbursable activities consistent with the original decisions on the test claim and parameters and guidelines.
(5) Add new reimbursable activities that are reasonably necessary for the performance of the original state-mandated program pursuant to section 1183.7(d) of these regulations.
(6) Define what is not reimbursable consistent with the original decisions on the test claim and parameters and guidelines.
(7) Consolidate the parameters and guidelines for two or more programs.
(8) Amend the “boilerplate” language.
(b) For purposes of this section, “boilerplate” language is defined as the language in the parameters and guidelines that is not unique to the state-mandated program that is the subject of the parameters and guidelines.
(c) The addition or substitution of requesters and supporting declarations based on the original facts alleged in an existing parameters and guidelines amendment request is not an “amendment.” However, new proposals for amendments must be filed as a new parameters and guidelines amendment request.
(d) A claimant or state agency requesting an amendment to existing parameters and guidelines shall certify, file, and serve the request in accordance with section 1181.3 of these regulations. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.
(e) Within 10 days of receipt of a request to amend parameters and guidelines, Commission staff shall issue a copy to those who are on the mailing list described in section 1181.4 of these regulations, and shall post the request on the Commission's website.
(f) Commission staff shall notify those who are on the mailing list described in section 1181.4 of these regulations that they shall have the opportunity to file written comments concerning the proposed amendment of the parameters and guidelines within 21 days of service, and shall post a copy of the notice on the Commission's website.
(g) Written comments on the request to amend the parameters and guidelines shall be certified, filed, and served in accordance with section 1181.3 of these regulations. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.
(h) Written rebuttals to the comments may be filed within 21 days of service of the comments. Written rebuttals shall be certified, filed, and served in accordance with section 1181.3 of these regulations. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.
(i) After review of the proposed amendment to the parameters and guidelines, written comments, and rebuttals filed, Commission staff shall prepare and issue for comment a draft proposed decision recommending whether the requester's proposed amendment to the parameters and guidelines should be adopted.
(j) Written comments on the draft proposed decision and recommendation on the proposed amendment to the parameters and guidelines shall be certified, filed, and served in accordance with section 1181.3 of these regulations, by the date noticed by the executive director. A three-week period for comments shall be given, subject to the executive director's authority to expedite all matters pursuant to Government Code section 17530. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations. All written comments timely filed shall be reviewed by Commission staff and may be incorporated into the proposed decision and recommendation on the proposed amendment to the parameters and guidelines.
(k) It is the Commission's policy to discourage the introduction of late comments, exhibits, or other evidence filed after the three-week comment period described in subdivision (j) of this section. The Commission need not rely on, and staff need not respond to, late comments, exhibits, or other evidence filed in response to a draft proposed decision after the comment period expires.
(l) An amendment shall be made only after the Commission has conducted a hearing in accordance with article 7 of these regulations.

Credits

Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Sections 17518.5, 17530, 17553 and 17557, Government Code.
History
1. New section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
2. Amendment of Note filed 9-24-2015; operative 10-1-2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
3. Amendment of subsections (f) and (h) filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
4. Amendment of subsections (a)(3), (d), (g), (h) and (j) and amendment of Note filed 2-27-2018; operative 4-1-2018 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
5. Editorial correction of History 4 (Register 2018, No. 18).
6. Amendment of subsections (c)-(k) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
7. Amendment of subsection (a)(5) filed 8-16-2021; operative 10-1-2021 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2021, No. 34).
8. Amendment of subsection (j) filed 7-11-2022; operative 10-1-2022. Submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2022, No. 28).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 2, § 1183.17, 2 CA ADC § 1183.17
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